Syllabus LC 0502 Family Law I  

Objectives of the Course : The personal law applicable to Hindus, Muslims, Christians, Parsis and other denominations is not fully codified. While these personal laws are similar in their essential broad underlying principles, they are much different in their details. Personal law is applicable not only to aspects of family relations, viz. marriage and divorce, support and maintenance, children and their custody and guardianship, adoption and the like, but also to law relating to property, viz. joint family systems, devolution to property upon death of a person. The differences in the provisions applicable to different denominations arise from the history and growth of these laws over centuries.  

This course covers the history and development of the principles and provisions of different personal laws, and the sources from which these laws are derived. It primarily comprises the laws applicable to family relations: marriage and divorce, maintenance, alimony, adoption and guardianship. It also lays emphasis on the general law applicable to all persons: the Special Marriage Act, 1963 and the Foreign Marriages Act, 1969. The course familiarises the students to the differences in the various systems, and to understand the reasons, merits and demerits of the various provisions. Study of this subject should enable the students to view family law not merely as a separate system of personal laws based upon religious beliefs, but as one cutting across religious lines, eventually enabling fulfillment of the Constitutional directive of Uniform Civil Code. 

 

Sections at Glance

Module 01 Introduction to Hindu and Muslim Law : 

1. Nature of Hindu law, Application of Hindu law 
2. Sources of Hindu law - Ancient to Modern 
3. Schools of Hindu law 
4. Development and nature of Muslim law, Application of Muslim law 
5. Sources of Muslim law 
6. Schools of Muslim law 

Module 02 Marriage and Matrimonial Reliefs under Hindu law : 

1. Evolution and concept of the institution of marriage, nature and forms of marriage under ancient Hindu law 
2. Essentials of a valid marriage under the Hindu Marriage Act, 1955; ceremonies of marriage; valid, void and voidable marriages; importance of custom; marriage with a non-Hindu; registration of marriage; effect on legitimacy of children 
3. Divorce, theories of divorce, grounds of divorce, customary divorce, effect of divorce, emerging trends; Bar to remarriage after a divorce 
4. Other matrimonial reliefs: Nullity of marriage; Judicial separation; Repudiation of marriage; Restitution of conjugal rights; Other reliefs granted by a court in matrimonial proceedings (other than maintenance); Bar to matrimonial reliefs  
5. Jurisdiction of courts: under the Hindu Marriage Act, 1955 and the Family Courts Act, 1984 

Module 03 Marriage and Matrimonial Reliefs under Muslim law : 

1. Muslim marriage : pre-Qura’nic background, definition of nikah, nature and classification of marriages 
2. Essentials and formalities of a valid marriage, legal effects of a valid marriage, mut’a marriage, stipulation in marriage contract; guardianship in marriage with reference to Shias and Sunnis 
3. Mehr / dower, nature and kinds of dower, rights of wife in case of unpaid dower 
4. Nullity of marriage; restitution of conjugal rights; option of puberty (khairul- bulugh) 
5. Talaq, kinds of talaq, divorce under the Dissolution of Muslim Marriage Act, 1939 
6. Remarriage; iddat : its rationale, utility and periods; prohibition to marry in certain cases 

Module 04 Marriage and Matrimonial Reliefs among Parsis, Christians and under 
the Special Marriage Act, 1954 : 

1. Marriage under the Parsi Marriage and Divorce Act, 1936: Essentials of a valid marriage; Solemnization of marriage and its registration; Dissolution 
of marriage, divorce, nullity, judicial separation, restitution of conjugal rights; Remarriage; Parsi Matrimonial Courts and procedures 
2. Marriage under the Indian Christian Marriage Act, 1872; Essentials of a valid marriage; Solemnization of marriage and its registration; Marriage of Indian Christians; Provisions under the Indian Divorce Act, 1869: relating to dissolution of marriage, judicial separation, nullity, restitution of conjugal rights; Remarriage; Jurisdiction of courts and procedures 
3. Marriage under the Special Marriage Act, 1954: Essentials of a valid marriage, Solemnisation of marriage and procedure, its registration and certificate; Registration of existing marriages, procedure and registration; Effect and consequences of such marriages; Void and voidable marriages; Remedies of divorce, judicial separation, restitution of conjugal rights; Remarriage; Jurisdiction of courts and procedures 
4. Marriages of citizens outside India under the Foreign Marriages Act, 1969 : Essentials, Solemnisation of marriage, procedure and certificate, Effect of such marriage, Divorce of foreign marriages 
5. Comparative analysis of marriage and matrimonial reliefs in different laws. 
6. Relationship in the nature of marriage : live-in relationship, same-sex relationships 

Module 05 Alimony and Maintenance : 

1. Maintenance pendent lite and permanent maintenance; Maintenance of wives, children and parents under the Hindu law, Muslim law, Christian law and Parsi law; Maintenance in matrimonial proceedings under these laws 
2. Alimony and maintenance under the Special Marriage Act, 1954, the Protection of Women from Domestic Violence Act, 2005, the Code of Criminal Procedure, 1973, and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 

Module 06 Law on Adoption and Guardianship : 

1. Adoption: Essentials of valid adoption with reference to the person adopted, the person adopting and other conditions; Procedure; When adoption is complete; Effect of adoption; Right of adoptive parents to dispose of their property 
2. Inter-country adoption, CARA guidelines; Recognition of foreign adoptions; Adoption by foreign parents 
3. Guardianship under the Hindu and Muslim law, and under the Guardian and Wards Act, 1890: Kinds of Guardians; Procedure for appointment of a guardian; Guardian’s powers over the person and property of children; Rights, obligations, duties;, liabilities, disqualifications and disabilities of guardians 
4. Powers of Court 
5. Custody of Minor and Minor’s property; Powers of courts in matrimonial proceedings to pass orders about custody and well-being of children 

 

Recommended Readings: 

1. Kusum, Family Law Lectures : Family Law I, LexisNexis, New Delhi. 

2. Satyajeet A Desai, Mulla’s, Hindu Law, LexisNexis, New Delhi. 

3. Justice Ranganath Mishra, Mayne’s Hindu Law and Usage, Bharat Law House, New Delhi. 

4. H. K. Saharay, Family Law in India, Eastern Law House, New Delhi.  

5. Flavia Agnis, Family Law Vol I and II, Oxford University Press, New Delhi. 

6. Tahir Mahmood, Principles of Hindu Law, Universal Law Publishing, New Delhi. 

7. Mulla, Principles of Mohammedan Law, LexisNexis, Nagpur. 

8. Asaf A A Fyzee, Outline of Muhammadon Law, Oxford University Press, New Delhi. 

9. Amer Ali, Mohammedan Law, Vol. I and II, Eastern Book Company. 

10. Bharatiya V P, Sayyad Khalid Rashid’s Muslim Law, Eastern Book Company, Luknow. 

11. Derrett, Introduction to Modern Hindu Law, Universal.